HomeMy WebLinkAbout04/13/2009MINUTES OF THE REGULAR MEETING
OF THE PLANNING COMMISSION
OF THE CITY OF SANTA ANA
APRIL 13, 2009
CALLED TO ORDER: 5:31 P.M.
CITY HALL COUNCIL CHAMBERS
22 CIVIC CENTER PLAZA
SANTA ANA, CALIFORNIA
COMMISSIONERS PRESENT:
Eric Alderete, Vice Chair (arrived 5:45 p.m.)
Victoria Betancourt (arrived 5:42 p.m.)
Christopher Leo, Chairman
Sean H. Mill
Mario Turner
Patrick Yrarrazaval
COMMISSIONERS ABSENT:
James Gartner
STAFF PRESENT:
Jay Trevino, Ex. Dir. Planning & Building Agency
Karen Haluza, Planning Manager
Ben Kaufman, Chief Assistant City Attorney
Martha Ramirez, Recording Secretary
CONSENT CALENDAR
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MOTION: Approve the staff recommendations on the following Consent
Calendar.
MOTION: Mill SECOND: Yrarrazaval
VOTE: AYES: Leo, Mill, Turner, Yrarrazaval (4)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Alderete, Betancourt, Gartner (3)
A. MINUTES
RECOMMENDATION:
Approve the minutes of the regular meeting of March 23, 2009.
B. RECORDING SECRETARY REPORT
Pursuant to the Brown Act, the March 23, 2009 Agenda for the Regular Meeting
was posted on the door of the City Hall Council Chambers at 22 Civic Center
Plaza on March 19, 2009 at 3:41 p.m.
RECOMMENDATION:
Instruct the Commission Secretary to enter posting into the minutes.
C. CONDITIONAL USE PERMIT NO. 2009-06
Filed by Ilene Dick, to allow a Type 20 ABC license (off-premise sale of beer and
wine) at the Wal-Mart Store at 3600 West McFadden Avenue located in the
Specific Plan No. 2 (SP2) zoning district.
Planning Commission Minutes
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April 13, 2009
RECOMMENDATION:
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1. Confirm the Zoning Administrator's action approving Conditional Use Permit
No. 2009-06 as conditioned.
2. Confirm the Zoning Administrator's authorization to issue a letter of Public
Convenience and Necessity fora Type 20 Alcoholic Beverage Control
License.
* '" * END OF CONSENT CALENDAR
BUSINESS CALENDAR
D. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED
PROJECTS)
Commissioner Yrarrazaval met with Nexus representatives in San Diego for a
tour of the Courtyard by Marriott Hotel.
PROCEDURAL RULES
PUBLIC HEARINGS
1. GENERAL PLAN AMENDMENT NO. 2007-03 AND ZONING ORDINANCE
AMENDMENT NO. 2009-02
Filed by Vinh Tran, to modify the General Plan and the North Harbor Specific
Plan (SP2) land use designation from Open Space to General Commercial to
allow a medical office building at 3417 West Fifth Street.
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PUBLISHED IN THE ORANGE COUNTY REPORTER: April 3, 2009
PUBLICLY NOTICED: April 3, 2009
RECOMMENDATION:
Recommend that the City Council:
1. Approve and adopt the Mitigated Negative Declaration and Mitigation
Monitoring Program, Environmental Review No. 2006-142.
2. Adopt a resolution approving General Plan Amendment No. 2007-03.
3. Adopt an ordinance approving Zoning Ordinance Amendment No. 2009-02.
Senior Planner Lucy Linnaus presented the staff report and recommendation.
MOTION:
Recommend that the City Council:
1. Approve and adopt the Mitigated Negative Declaration and Mitigation
Monitoring Program, Environmental Review No. 2006-142.
2. Adopt a resolution approving General Plan Amendment No. 2007-03.
3. Adopt an ordinance approving Zoning Ordinance Amendment No. 2009-02.
No written communications were received.
The public hearing was opened. No public members spoke. The public hearing was
closed.
MOTION: Mill
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
Planning Commission Minutes
SECOND: Betancourt
Betancourt, Leo, Mill, Turner, Yrarrazaval (5)
None (0)
Alderete (1)
Gartner (1)
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April 13, 2009
2. ZONING ORDINANCE AMENDMENT NO. 2009-04, AMENDMENT TO
DEVELOPMENT AGREEMENT NO. 2005-02, CONDITIONAL USE PERMIT
NO. 2009-08 AND VARIANCE NO. 2009-02
Filed by Nexus Development Corporation to allow the construction of a new
Courtyard by Marriott Hotel within the MacArthur Place South development at
6 MacArthur Place.
!~
Assistant Planner Matt Foulkes presented the staff report and recommendation.
Written communication submitted by Robert E. Dye, with Charles, Kane & Dye
LLP representing the Doubletree Club Hotel/Orange County Airport located at 7
Hutton Centre Drive.
The public hearing was opened.
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Nexus Development President Corey Alder spoke in support of the project.
PUBLISHED IN THE ORANGE COUNTY REPORTER: April 3, 2009
PUBLICLY NOTICED: April 3, 2009
RECOMMENDATION:
Recommend that the City Council:
1. Adopt a resolution approving the Addendum to the Final Environmental
Impact Report No. 2004-02 and approve the mitigation monitoring program.
2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2009-04.
3. Adopt an ordinance approving the Amendment to Development Agreement
No. 2005-02.
4. Adopt a resolution approving Conditional Use Permit No. 2009-08 as
conditioned.
5. Adopt a resolution approving Variance No. 2009-02 as conditioned.
Doubletree Club Hotel General Manager Mark Pfeifer expressed concerns
regarding potential parking impacts to the Doubletree Club Hotel.
The public hearing was closed.
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MOTION:
Recommend that the City Council:
1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2009-04.
2. Adopt an ordinance approving amendment to Development Agreement No.
2005-02.
3. Adopt a resolution approving Conditional Use Permit No. 2009-08 as
conditioned with additional mitigation measures.
4. Adopt a resolution approving Variance No. 2009-02 as conditioned with
additional mitigation measures.
5. Recommended addition of conditions of approval to address the air vents,
window relief, exterior veneer and short-term parking impacts.
MOTION: Yrarrazaval
SECOND: Leo
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
MOTION FAILED
Planning Commission Minutes
Leo, Mill, Yrarrazaval (3)
Alderete, Betancourt, Turner (3)
None (0)
Gartner (1)
April 13, 2009
SUBSTITUE MOTION: Continue the public hearing to April 27, 2009
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MOTION: Alderete
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
MOTION FAILED
SECOND: Betancourt
Alderete, Betancourt, Turner (3)
Leo, Mill, Yrarrazaval (3)
None (0)
Gartner (1)
Following the failure of both motions Chairman Leo declared the item at impasse. Chief
Assistant City Attorney Kaufman explained that, pursuant to Section 8.e. of the Planning
Commission Bylaws, in the event of an impasse the Chairman shall offer the project
proponent the option of either a Planning Commission recommendation of denial of
his/her item or a continuance. Nexus Development President Corey Alder elected to
accept a denial recommendation from the Planning Commission.
3. Public Comments (for items not on the agenda)
No public members spoke.
STAFF AND COMMISSION COMMENTS
4. Staff Comments
No comments were made.
5. Planning Commission Comments
Chair Leo
• Requested status of the foreclosure program.
• Requested status of weatherization program.
• Requested status for the completion of the Bristol Street Widening project.
6. Excuse of Absences
Commissioner Leo moved to excuse the absence of Commissioner Gartner. The
motion was seconded by Commissioner Yrarrazaval and approved by the
Commission by a vote of 6:0.
7. Adjournment 7:40 p.m.
MEETING ADJOURNED IN MEMORY OF FLORENCE LEACH
Ma a Ramirez
Recording Secretary
Planning Commission Minutes 4 April 13, 2009